Jimmy Stewart Character figure (1 Viewer)

Brad

It is my understanding that "historic" figures do not require the same as "Hollywood Property" - due to the fact they did not serve in public service. I believe that is the interpretation of the law.

Ron

I'm not sure what you mean by public service as hollywood stars are, by the nature of their livelihood, engaged in public service.

I think Michael's point may be more on the mark as the Patton estate wasn't too happy with the Patton Staff Car and I believe Andy had to enter into a settlement with them.
 
I'm not sure what you mean by public service as hollywood stars are, by the nature of their livelihood, engaged in public service.

I think Michael's point may be more on the mark as the Patton estate wasn't too happy with the Patton Staff Car and I believe Andy had to enter into a settlement with them.

Sorry - I wasn't clear. I meant people like Washington, Monty, Lee, Grant - historic figures / public service. Hollywood is more of the private nature.

Andy, had to settle with the Patton estate? I would think historic status aplies to him as well.
 
Sorry - I wasn't clear. I meant people like Washington, Monty, Lee, Grant - historic figures / public service. Hollywood is more of the private nature.

Andy, had to settle with the Patton estate? I would think historic status aplies to him as well.

Apparently, the Estate didn't think so. You can ask him about it in March.
 
My question is what entitles or grants an individual to "celebrity" or "historical" status in contrast to any other individual? Would it be a copyright of their namesake?
 
Here's some quotes from the book about some of Andy's earlier adventures and misadventures in personality figures:

Chapter 2:

The November, 1993 Brochure also debuted King & Country’s personality figures, Elvis Presley (EP), Charlie Chaplin (CC) and Sgt. Pepper's Lonely Hearts Club Band (SPB) (how K&C managed to avoid being sued by Apple Records or the estates of Elvis and Chaplin I have no idea, especially since it was sued for producing a Patton figure by Patton's estate).

King & Country produced the young ‘blue suede shoes’ Elvis, standing leaning to the right, holding a microphone stand with his right hand, the neck of a slung guitar with his left hand, wearing his signature pompador, a yellow jacket over a blue shirt, black pants, and, of course, blue suede shoes. Elvis originally retailed for $14.

Charlie Chaplin is depicted in his famous ‘little tramp’ persona, standing with his feet turned out, right hand on his hip, leaning on his trademark cane with his left hand, wearing a black derby hat with blue band, black jacket, gray vest, baggy blue-gray pants, and oversized shoes. The little tramp also originally retailed for $14.

Sgt. Pepper's Lonely Hearts Club Band appear with John, Paul, George & Ringo standing and attired exactly as they were on the album cover, behind the bass drum and the floral carpet spelling out “Beatles”. This set, along with the Teddy Roosevelt, were the first sets available in both glossy and matt. The Beatles originally retailed for $70.

Chapter 3:

The 1991-1992 Post card catalogue indicated that, available in mid-June, 1992, King & Country would release . . . the rest of the "Commemorative Editions", . . . (including a Churchill Figure and a Captain Clark Gable Figure).

United States Army Air Force Captain Clark Gable stands with his hands in his pockets, wearing tan pants, a tan trench coat, windblown back and to the right, and an Air Force Captain’s peaked cap. He has a mustache and the famous “Clark Gable smile” . The figure originally retailed for $14. How Andy managed to produce this figure without being sued by MGM or Gable’s estate escapes the author.

Chapter 6:

DD22 (Patton's Command Car) [was] released by March, 2001.

Patton's Command Car was the second vehicle K&C produced initially with solid sculpted wheels, and later in an improved rolling version. The initial solid cast vehicle had substantial crud in the wheel wells, and both versions had crud around the bumper. The set came with a seated driver, seated guard, a realistic Patton figure and Patton’s dog, an American Bull Terrier (like Spuds MacKenzie). Andy’s long streak of luck in avoiding lawsuits for the reproduction of images of copyrighted personalities ended with the Patton figure. Andy settled the lawsuit for $4,000, not an insignificant amount considering the fact that less than 500 of this vehicle, which retailed for $89, were produced.
 
It really is amazing that he didn't get sued by Apple, Chaplain and/or the Presley Estates. I would chalk it up as the sales not being economically significant or failure of the estates to know about it. In this day and age, you can't get away with something like that.
 
I read recently that the copyright for much of the 60's music such as the Beatles and Rolling Stones was due to expire shortly in the UK. After which it becomes part of the public domain. In the US, the copyright period is apparently longer, but it will also expire in a few years. Patton has been dead fifty years. I'm not an expert, but just because the Patton estate sued does not mean they have a valid cause of action.
 
Usually, if you file a frivolous suit, you can be assessed sanctions and attorneys fees by the court so I would think a plaintiff like the Patton would not have brought a frivolous suit.

Copyright protections in the US are at least 75 years, shorter outside, especially in the EU (50 years). That the figure might have been made outside the US is not a grounds for denying the claim if you're selling to the US market. Although the US has a different standard, I know that materials that would be subject to copyright protection in this county, such as reissues of musical performances, but not in Europe are sold in this country and nothing happens. The sales tend to be de minimis so it's a question if the copyright holder wants to do something, usually not. It's not worth the expense or aggravation.
 
Usually, if you file a frivolous suit, you can be assessed sanctions and attorneys fees by the court so I would think a plaintiff like the Patton would not have brought a frivolous suit.

Copyright protections in the US are at least 75 years, shorter outside, especially in the EU (50 years). That the figure might have been made outside the US is not a grounds for denying the claim if you're selling to the US market. Although the US has a different standard, I know that materials that would be subject to copyright protection in this county, such as reissues of musical performances, but not in Europe are sold in this country and nothing happens. The sales tend to be de minimis so it's a question if the copyright holder wants to do something, usually not. It's not worth the expense or aggravation.

Brad

Still he is an historic figure - like Washington, Jefferson - I am not sure they had a leg to stand on. But, then again - $4,000 is a small penalty and lot less than lawyer fees - no offense of course. :D

Ron
 
I believe Patton's estate trademarked his name and distinctive image -- the overall combination of chrome helmet, pearl handled revolvers, three stars, etc. He was a historical figure with smart descendents or estate attorney. Unlike patents and copyrights, my understanding is that trademarks never expire. They remain valid as long as the owner actively uses it and defends it -- that's why Coca-Cola name and image, which was first introduced in 1886, hasn't been copied by any other company.:)
 
Steven,

You're correct. Trademarks never do expire, provided you're actively exploiting them. Even then, if nobody challenges it by filing in the USPTO (U.S. Patent and Trademark Office) what is called an "opposition," the trademark holder is probably safe.

Oddly enough, people always focus on patents but never on trademarks whereas it is the latter that is important after a product's patent exclusivity expires. For example, there are probably no patents surrounding the manufacture and sale of aspirin anymore, but I'm sure Bayer zealously guards its trademarks for Bayer aspirin.
 
I don't suppose the estates of any of those Nazi ratbags have ever sued. Speer only died in the `1980s if I am not mistaken.
 
I don't suppose the estates of any of those Nazi ratbags have ever sued. Speer only died in the `1980s if I am not mistaken.

"Nazi ratbags". I like the way you think! That term may find its way into the K&C book I wrote when I discuss the LAH figures I won't collect. If I use the term, I will definitely reference it to you.
 
This guy may just look like Colonel Kilgore in Apocalyse Now. I think the actor was Robert Duval
 

Attachments

  • Slide2.JPG
    Slide2.JPG
    21.5 KB · Views: 36
This guy may just look like Colonel Kilgore in Apocalyse Now. I think the actor was Robert Duval

That figure is absolutely modeled on Robert Duval's character. In the Arnhem series there is a command set with figures modeled on Sean Connery, Sr. Anthony Hopkins and the guy who played Horracks in A Bridge Too Far. The Sergeant figure with the M3 Lee Tank is clearly modeled on Bogie's character from Sahara. In set DD1 or DD2 there is a Ranger Captain who looks suspiciously like Tom Hank's character in Saving Private Ryan. They may not be officially modeled on these roles, but like the 3 Star General in the "General Inspection" Strictly Limited set, they sure remind me of somebody!
 
That figure is absolutely modeled on Robert Duval's character. In the Arnhem series there is a command set with figures modeled on Sean Connery, Sr. Anthony Hopkins and the guy who played Horracks in A Bridge Too Far. The Sergeant figure with the M3 Lee Tank is clearly modeled on Bogie's character from Sahara. In set DD1 or DD2 there is a Ranger Captain who looks suspiciously like Tom Hank's character in Saving Private Ryan. They may not be officially modeled on these roles, but like the 3 Star General in the "General Inspection" Strictly Limited set, they sure remind me of somebody!

Small notation: That is Sir Sean Connery.

PS I may make a Jimmy Stewart figure for my self if I do so I will post a pic.

Jimmy for ever
 

Users who are viewing this thread

Back
Top